european-court-rejects-german-gambling-restrictions

European Court turns down German gaming restrictions

8 September 2010
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German betting restrictions breach European Union law, the EU's highest court has ruled.

The European Court of Justice (ECJ) said German laws that secure state monopolies for gaming were "unjustifiable".
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The judgment could open the way for foreign betting business to develop a presence in Germany.
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A lobby group representing gambling firms, including PartyGaming and Bwin, called the judgement a "landmark".

German authorities have validated betting monopolies by stating that they assist safeguard consumers from the unfavorable results of betting.
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But the ECJ said this promotion code was inconsistent with Germany's promo and "extensive advertising" of its gaming operations.

The court said: "The German rules on sporting bets make up a limitation on the yohaig code flexibility to supply services and the flexibility of establishment.

"The public monopoly of the organisation of sporting bets and lottos in Germany does not pursue the goal of the threats of gambling in a consistent and organized way."

Several foreign wagering business, consisting of Britain's Happy Bet and Gibraltar's Digibet, brought a case against German local authorities in Hesse and northern Schleswig-Holstein.
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the yohaig code European Gaming and Betting Association welcomed the ruling.
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"this promotion code is a landmark judgment which will have a definitive impact on the much-needed reform in Germany," it stated in a statement.

"Other member states have opened or are opening their markets. They show that customers can be much better secured in a market that is both regulated and open to competition," it stated.

However, European Lotteries, a lobby group for national lottos in 40 nations, disputed whether the judgment would open the German market.
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"On the contrary," the group stated in a statement, "the court advised Germany that it has to control more strictly the bet9ja's welcome offer of hazardous kinds of gambling such as gambling establishment games and video gaming devices.
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"The court pointed again to the higher risks associated with web gambling."

EGBA

European Lotteries